Today is the second day of hearing of South Africa’s genocide case against Israel at the International Court of Justice (ICJ), where it is expected to hear about Israel’s military action of committing genocide against the Palestinians in Gaza.
During the first hearing, South Africa said that Israel’s plan to “destroy” Gaza comes from “the highest level of state” in the UN’s top court, according to a BBC report.
Today, Israel will present itself in defence and has already rejected the allegations calling them ‘baseless’. Earlier, it has justified its military actions in Gaza, saying it is in response to Hamas’s deadly attacks on Israel on 7 October.
In December, South Africa filed a case at ICJ along with an 84-page document, claiming Israel’s “acts and omissions are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnic group”.
It also called on the court to order Israel to cease military operations in Gaza.
South Africa’s presidency, after filing the case at ICJ, issued a statement, saying that the country was obliged “to prevent genocide from occurring”.
“South Africa is gravely concerned with the plight of civilians caught in the present Israeli attacks on the Gaza Strip due to the indiscriminate use of force and forcible removal of inhabitants,” read the statement.
Tembeka Ngcukaitobi, a lawyer for the High Court of South Africa, presenting the case in ICJ, said that Israel’s “genocidal intent” was evident “from the way in which this military attack is being conducted”.
Adila Hassim, a lawyer representing South Africa in ICJ said, “Every day there is a mounting, irreparable loss of life, property, dignity and humanity for the Palestinian people”.
On Thursday, South Africa’s Justice Minister Ronald Lamola said that no attack “can provide justification for or defend breaches of the [Genocide] Convention”.
Israel has signed the Genocide Convention of 1948, which defines genocide and commits states to prevent it. Under international law, genocide is defined as committing one or more acts with the intention to destroy, in whole or in part, a national, ethnic, racial or religious group.
In response to South Africa’s allegations in court, Israel’s Prime Minister Benjamin Netanyahu said “the hypocrisy of South Africa screams to the heavens”. He pointed towards South Africa’s failed responses to atrocities in Syria and Yemen committed by “partners of Hamas”.
On the other hand, the United States came in support of Israel, said it saw no justification for South Africa’s allegation that Israel has committed genocide.
“They are defending themselves against a still viable threat,” said John Kirby, national security spokesperson of White House.
The ICJ, based in The Hague, is the UN’s top court resolving state disputes and offering legal advice, as in the case with Israel. Unlike the ICC, it doesn’t prosecute individuals for severe crimes like genocide, but its opinions carry weight in the UN and international bodies.
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